World Trade
Organization WT/REG289/2
15 March 2012 (121452) Committee on Regional Trade Agreements Original: English/
Spanish

FREE TRADE TREATY BETWEEN COLOMBIA AND MEXICO(GOODS & SERVICES)

Questions and Replies

The following communication, dated 9 March 2012, is being circulated at the request of the delegations of Colombia and Mexico.
Question from the delegation of Japan

According to the Factual Presentation by the Secretariat, Article 1103 of Chapter XI (Telecommunications) of the Treaty provides that Chapter XI does not apply to the supply of basic telecommunications services, while the GATS does not carve out the supply of basic telecommunications services from its scope.
(a) How do Colombia and Mexico explain the disproportionate liberalization between the industrial and agricultural sectors?
Technical barriers to trade

Paragraph 57 on page 27 of the Factual Presentation states that: "When such registration is required in a Party's territory, the product shall be registered, recognized and evaluated by the competent authority of that Party in conformity with a unique compulsory national system, either at the central or federal level, in order to obtain a certificate of compatibility.
Therefore, while theoretically speaking there is no recognition of other countries' accredited laboratories, it is possible to recognize their certificates through mutual recognition agreements, in accordance with Article 87A of the LFMN, which states that the Ministry of the Economy may, either of its own accord or at the request of any competent agency or interested party, enter into agreements with foreign or international official institutions for the mutual recognition of the findings of conformity assessments carried out by agencies, accredited persons or the aforementioned institutions, as well as of the granted accreditations.
In the case of products directly related to animal and plant health, the Colombian Agricultural Institute (ICA), which reports to the Colombian Ministry of Agriculture and Rural Development, is the body responsible for developing and implementing strategies to prevent, control and reduce sanitary, biological and chemical risks to animal and plant species that could affect agriculture, forestry, fishing and aquaculture production in some way at the national level.
Over the time, Colombia has introduced several reforms to the legal framework of the banking sector since 1997 with the purpose to restore national and foreign consumer confidence in the financial system and to liberalize restrictions on financial services related in the bilateral treaties.
Parties' only commitments on market access are to: (1) list their respective quantitative restrictions; and (2) undertake negotiations, "at least every two years," to liberalize or eliminate existing quantitative restrictions.
Because of the results of the management committee's meetings created under the Treaty, that have shown a deep unilateral liberalization over time, which is confirmed by the conclusion of other agreements on services in which compromises are set deeper.